The rental deposit (Mietkaution) protects the landlord against damage to the flat or unpaid rent. After moving out, getting it back often turns into a lengthy dispute over unfounded claims.

Review period and repayment

The law does not set a fixed number of days, but case law considers a review period of three to at most six months after the keys are returned to be reasonable. If there is no damage, the landlord must repay most of the deposit together with the interest earned.

Partial retention for the service charge statement

The landlord may retain a reasonable part of the deposit (often two to three monthly advance payments for service charges) until the annual service charge statement if an additional payment for heating or water is expected. They may not keep the whole deposit for this purpose.

Normal wear and tear versus real damage

The landlord cannot claim compensation for normal wear and tear: marks from furniture, light scratches on parquet or faded paint. Tenants are liable for damage beyond that, such as deep chips in tiles, burn marks or mould they caused.

Reminder letter and court payment order

If the money has not been repaid after the review period, send a written reminder (Mahnung) with a 14-day deadline and your bank details. If the landlord does not respond, you can apply to the local court for a payment order (Mahnbescheid).

What to check

  • Record the condition of the flat when you move out in a signed handover report (Übergabeprotokoll).
  • About three months after moving out, request repayment in writing with your bank details.
  • Ask for a statement of the interest earned on the deposit account.
  • Consider joining a tenants' association (Mieterverein): for a membership fee, it advises on disputes with landlords.

Example situation

Six months after moving out, a tenant sends a registered letter demanding the return of a €2,400 deposit, points to the handover report without any objections and receives the full amount within ten days.

Next step

A handover report signed without objections is your best protection; without it, proving in court that there was no damage is very difficult.

Official information on this topic

Checklists and examples are organisational recommendations. Requirements depend on the procedure, the city and your situation; check them with the relevant office before you act. Please discuss legal and tax questions with an authorised professional.

This article was prepared with the help of AI. The example illustrates the approach and does not describe a client case.